Elangovan v. The Inspector Of Police

CRL.O.P(MD)No.4125 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.4125 of 2023 Elangovan

...Petitioner/Accused No.3

-vsThe Inspector of Police, Puliyangudi Police Station, Tenakasi District (Crime No.03 of 2023)

...Respondent/Complainant

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent Police with respect to Cr.No.3 of 2023.

For Petitioner : Mr.R.Alagumani, Advocate For Respondent : Mr.A.Albert James Government Advocate (Crl.side) ****

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Section 294(b), 332, 307, 506(2) IPC and Section 8(c), 20(b)(ii)(B) of Narcotic Drug and Psychotropic Substance Act, 1985, in Crime No.3 of 2023 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution, as per the de-facto complainant is that the petitioner along with other accused were found in illegal possession of 2 kgs of ganja. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and there is no recovery from the petitioner. He prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) would submit that the petitioner is a habitual offender against whom there 10 previous cases pending, out of which, one case was registered for the offence https://www.mhc.tn.gov.in/judis 1/2

CRL.O.P(MD)No.4125 of 2023 under NDPS Act and he has been convicted in 5 cases. He would strongly object for grant of anticipatory bail to the petitioner.

5. Heard and perused the materials available on record. Considering the bad antecedent of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed.

sd/- 03/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CM TO 1 THE INSPECTOR OF POLICE PULIYANGUDI POLICE STATION, TENKASI DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.4125 of 2023 Date :03/03/2023 PKP/VRS/SAR-3/(09.03.2023)/ 2P/3C https://www.mhc.tn.gov.in/judis 2/2